HAR §17-1706-8. Rights of the claimant

The claimant or the authorized representative shall have an opportunity to: (1) Examine the case record as well as all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing; (2) Present the case independently or with the aid of others including legal counsel; (3) Bring witnesses, including an interpreter if the claimant is non-English speaking. If the claimant does not have an interpreter and the department believes an interpreter is necessary, an interpreter shall be obtained by the department; (4) Establish all pertinent facts and circumstances; (5) Advance any arguments appropriate to the issue being heard without undue interference; and (6) Question or refute any testimony or evidence, and to confront and cross examine any witness. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: HRS §§231-51 to 231-59) UNOFFICIAL 1706-6 §17-1706-9 Action on request for an administrative hearing. (a) A request for an administrative hearing after an adverse informal review decision shall be received by the department within fourteen calendar days of the date of the written adverse informal decision. When an administrative hearing is requested due to an adverse informal review decision on a pretax setoff notice, the department shall not refer the name of the individual to DAGS as a debtor. The individual's name shall be referred to DAGS as a debtor only if the administrative appeals office renders a decision in favor of the department. A circuit court appeal shall not stay the referral. (b) A request for an administrative hearing after a tax setoff notice shall be received by the department within thirty calendar days of the date of the tax setoff notice. When an administrative hearing is requested at the time of the tax setoff, the individual will receive that portion of their state tax refund that was setoff only after a decision favorable to the claimant has been rendered by the administrative appeals office. (c) When an administrative hearing request is received by a unit other than ASO-recovery, the unit shall stamp the request with the date of receipt and immediately forward the hearing request to ASO- recovery. (d) When an administrative hearing request is received by ASO-recovery, ASO-recovery shall: (1) Stamp the request with the date of receipt if the request is initially received by ASO- recovery; (2) Make one copy of the request and send the original request to the administrative appeals office if the request is initially received by ASO-recovery; (3) Make copies of the account ledgers of all debts (to include financial, medical, and food stamp claims) for the identified debtor; and (4) Forward the copy of the administrative hearing request and copies of the account ledgers to the respective division. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: HRS §§231-51 to 231-59) UNOFFICIAL 1706-7